BNY23 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCAFC 14

Federal Court of Australia BNY23 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCAFC 14 Appeal from:

File number:

Judgment of: RANGIAH, DERRINGTON AND ROFE JJ

Date of judgment: 19 February 2025

Catchwords: MIGRATION – where Administrative Appeals Tribunal (Tribunal) affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – whether Tribunal failed to consider representations made by appellant – whether errors were material – whether Tribunal made a finding unsupported by evidence – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5J(1)(c), 36, 499(1), 499(2A), 501(3A), 501(6), 501(6)(a), 501(7)(c), 501CA(3), 501CA(3)(b), 501CA(4) and 501CA(4)(b)

BNY23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 301 Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 104 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 Cases cited: LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 297 FCR 1 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582 Wilson Transformer Co Pty Ltd v Anti-Dumping Review Panel (2022) 290 FCR 1